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New Jersey Real Estate Law Questions & Answers
3 Answers | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?

My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More

Richard Diamond
Richard Diamond
answered on May 29, 2025

Legal?

As an adult, its your house and you have the right to make the rules AND if your son and his girlfriend don't want to comply with your rules, you have the right to tell them its time for them to leave and start their lives anew elsewhere...... but that's the point...
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3 Answers | Asked in Family Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?

My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More

Leonard R. Boyer
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answered on May 30, 2025

All you need to do is deny her permission. You are going to have take a strong stand with your son and eliminate his presence from your home. If necessary consult with a landlord-tenant attorney, who also has a background in material law. Good luck.

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3 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Jersey on
Q: How can I legally remove my adult son from my home in NJ due to alcoholism and refusal of help?

I need legal advice on removing my 50-year-old son from my home in New Jersey. He lives with us but has become an alcoholic, isn't working, and doesn't pay rent or have any lease agreement. Despite multiple discussions and offering financial help for treatment, he refuses assistance. Due... View More

Richard Diamond
Richard Diamond
answered on May 6, 2025

Let's talk parent to parent for a moment.

Legally, you get an order of the court as a result of a legal proceeding instituted against your son and then you serve it on the sheriff's department for enforcement to have your son removed and he refuses to leave.

Are you...
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3 Answers | Asked in Business Law and Real Estate Law for New Jersey on
Q: Can I pay a referral fee to a non-licensed person in NJ real estate?

I am a licensed commercial real estate salesperson in New Jersey. A business acquaintance, who is not a licensed real estate professional, has offered to refer real estate clients to me in exchange for a finder's fee, potentially around 5% of the transaction value. I am unsure about the... View More

Samuil Buschkin
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answered on Mar 26, 2025

In New Jersey, a licensed real estate salesperson cannot legally pay a referral or finder’s fee to an unlicensed individual for referring real estate clients. The New Jersey Real Estate Commission strictly prohibits compensating individuals who are not licensed under the New Jersey Real Estate... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

Anthony M. Avery
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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Foreclosure, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Can unregistered attorney on FARA list justify motion to dismiss in NJ foreclosure case?

I am involved in a foreclosure case in Ocean County, New Jersey. Recently, I discovered that the attorney representing the mortgage company is not registered on the F.A.R.A. list and represents trust pools with international connections. I have already filed a motion to vacate the default judgment... View More

James L. Arrasmith
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answered on Jun 14, 2025

You’ve clearly done a lot of work to gather important documents and challenge the foreclosure, and that effort matters. If you have the original note, a satisfaction letter, and a ledger showing the debt was paid, those are strong pieces of evidence that go to the heart of whether the foreclosure... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Forced out by landlord during hurricane, belongings missing. What actions to take?

I was forced out of my house by my landlord during a hurricane and wasn't allowed to retrieve my belongings. When I returned, I noticed items such as my Nintendo Switch, laptop, and PlayStation were missing. There was no written notice about this eviction, and I'm unsure if my lease... View More

James L. Arrasmith
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answered on Jun 12, 2025

Being forced out without notice—especially during a hurricane—is not just stressful, it may also be illegal. Unless the building was condemned or a government authority ordered the evacuation, your landlord cannot remove you or your belongings without proper legal process. If there was no... View More

1 Answer | Asked in Business Formation, Business Law, Tax Law and Real Estate Law for New Jersey on
Q: Is forming an NJ LLC and foreign LLCs in PA and NY sound for liability and tax compliance?

I run a small short-term rental co-hosting/property management business in New Jersey. I manage properties remotely in Pennsylvania and New York, charging a commission based on the nightly rental rate. I am considering forming a New Jersey LLC for liability protection, and registering it as a... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your proposed structure is legally sound and actually represents best practice for operating across state lines. By forming a New Jersey LLC and registering it as a foreign LLC in Pennsylvania and New York, you'll properly establish your legal right to do business in those states while... View More

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